Franks Finnish Sauna

Waiver

Waiver
Franks Finnis Sauna
TO: Franks Finnis Sauna, and its directors, officers, employees, contractors, agents, volunteers, representatives and assigns (collectively, the “Releasees”)
A. ACTIVITIES:
  • In this Release Agreement, “Activities” means all activities, events, services, or equipment provided, arranged, organized, sponsored or authorized by the Releasees, including but not limited to: use of the sauna and sauna trailer (including stairs, benches, and wood-burning stove area), any other equipment or amenities (including chairs, firewood, fire extinguishers) provided by the Releasees, as well as yoga and other wellness experiences.
B. ASSUMPTION OF RISKS:
  • I am aware of and acknowledge the risks associated with my participation in the Activities, including without limitation, physical injury, illness, paralysis, death or damage to myself, property or third parties; slips, trips and falls on slippery uneven surfaces such as stairs, sauna flooring and benches; hot and cold weather exposure; using sauna facilities in inclement weather including storms, lightning, and high wind; limited access to and/or delay of medical attention; participants’ health condition; exhaustion; dehydration; heat-related illnesses; inability to act safely or within one’s ability; negligence or failure of other persons to act safely; equipment failure or malfunction (including malfunction of fire extinguisher); burns from hot steam or hot metal contact, chimney flu exhaust gases, firewood handling and hot coals, incendiary devices/agents such as firestarter sticks/logs, butane lighters/torches; pinch points and crush hazards while loading firewood; overhead hazards including but not limited to door jams, roof eves, chimney flu, wood storage box.

  • I understand that I should not use sauna if I have any underlying health issues including but not limited to high blood pressure, diabetes, heart failure, abnormal heart rhythm, unstable angina, or if I am pregnant or planning to become pregnant and agree that it is my responsibility to consult a physician before sauna use.

  • I acknowledge it is my responsibility to familiarize myself with the instructions provided by the Releasees relating to the use and operation of the sauna and sauna trailer.

  • I acknowledge AN UNQUALIFIED ASSUMPTION BY ME OF ALL RISKS AND HAZARDS, whether or not described above, known or unknown, inherent or otherwise, associated with my participation in the Activities, including but not limited to personal injury, illness, paralysis, death or damage to myself, property or third parties associated with my participation in the Activities, even if arising from the negligence or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedure, of the Releasees, and any persons associated therewith or otherwise participating in the Activities in any capacity.
C. RELEASE, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of the Releasees allowing me to participate in the Activities, I agree as follows:
  • TO WAIVE ANY AND ALL CLAIMS that I have, or may in the future have, against the Releasees AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer as a result of my participation in, or my presence in any capacity at, the Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, NEGLIGENT REPRESENTATION AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASEES. I understand that negligence includes failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks and hazards of the Activities.
    RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (the “Release Agreement”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN THE EVENT OF INJURY.
    PLEASE READ CAREFULLY

  • NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly, from my participation in, or my presence in any capacity at, the Activities.

  • TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES, and each of them, from any expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur resulting from my participation in, or my presence in any capacity at, the Activities.

  • This Release Agreement shall be effective and binding on my heirs, next of kin, executors, administrators and assigns.

  • This Release Agreement is governed by the laws of Saskatchewan. In entering into this Release Agreement, I confirm I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the Activities, other than what is set out in this Release Agreement.

  • TO MAINTAIN A FULL LOOK, FILLS AT THE 2-3 WEEK MARK ARE RECOMMENDED.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH I AND MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
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Waiver

Franks Finnish Sauna LLC
TO: PLEASE READ CAREFULLY — THIS IS A LEGAL DOCUMENT This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement (“Agreement”) is entered into between the undersigned participant (“Participant”) and Franks Finnish Sauna LLC, and its owners, directors, officers, employees, contractors, agents, volunteers, representatives, and assigns (collectively, the “Releasees”).
PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING
1. ACTIVITIES:
    “Activities” include, but are not limited to, all services, events, equipment, facilities, instruction, or participation provided, arranged, organized, sponsored, or authorized by the Releasees, including:
  • Use of a mobile wood-burning sauna and sauna trailer
  • Sauna benches, floors, doors, stairs, decks, ramps, and changing areas
  • Wood-burning stove, chimney flue, hot surfaces, steam, firewood, and ashes
  • Cold plunge tubs, ice baths, natural bodies of water, showers, hoses, and water features
  • Lakeside, waterfront, dock, beach, or shoreline access
  • Seating, fire extinguishers, lighting, and ancillary equipment
  • Private rentals, group bookings, corporate events, public events, festivals, and third-party venues
  • Loading, unloading, setup, teardown, and transport of mobile sauna equipment

2. ASSUMPTION OF RISKS:
    I understand and acknowledge that participation in the Activities involves inherent and significant risks, including but not limited to:
  • Slips, trips, and falls on wet, icy, uneven, muddy, or hot surfaces
  • Burns from steam, hot metal, firewood, stoves, coals, or heated equipment
  • Heat exhaustion, dehydration, dizziness, fainting, or loss of consciousness
  • Cold exposure, cold shock, hypothermia, or cardiac events
  • Drowning or near-drowning when participating near or in water
  • Sudden temperature changes between sauna and cold plunge
  • Equipment failure or malfunction
  • Delayed or limited access to emergency medical care
  • Weather hazards including rain, snow, ice, wind, lightning, or extreme temperatures
  • Actions or omissions of other participants
  • My own misuse of equipment or failure to follow instructions

    I understand that these risks may result in serious injury, permanent disability, illness, or death.
    I VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS, whether known or unknown, foreseeable or unforeseeable, inherent or otherwise, associated with my participation in the Activities.

3. COLD PLUNGE & COLD WATER IMMERSION ACKNOWLEDGMENT:
In consideration of the Releasees allowing me to participate in the Activities, I agree as follows:

    I understand that cold plunge and cold water immersion—whether in tubs, ice baths, lakes, rivers, ponds, or other natural or artificial water sources—carry significant physiological risks, including but not limited to:
  • Cold shock response
  • Rapid breathing or hyperventilation
  • Loss of muscle control
  • Cardiac arrhythmia, heart attack, or stroke
  • Hypothermia or loss of consciousness
  • Slips or falls when entering or exiting cold water

    I acknowledge that:
    NO LIFEGUARD IS ON DUTY
    I am solely responsible for determining whether I am physically capable of cold water immersion.
    I may choose not to participate in cold plunge activities without penalty.
    I must enter and exit cold water slowly and safely.
    I will immediately exit the water if I experience dizziness, numbness, pain, or distress.
    I voluntarily assume all risks associated with cold plunge and cold water exposure, whether or not I choose to enter the water.
    PLEASE READ CAREFULLY

4. HEALTH ACKNOWLEDGMENT
    I acknowledge that sauna use and cold plunge activities may not be safe for all individuals.

    I understand that I should not participate without medical clearance if I have conditions including, but not limited to: heart disease, high blood pressure, abnormal heart rhythm, diabetes, respiratory conditions, neurological conditions, or if I am pregnant or may be pregnant.

    I understand that the Releasees do not provide medical advice and make no representations regarding my fitness to participate. I accept full responsibility for my medical condition and participation decisions.
5. PRIVATE RENTALS, GROUP EVENTS & ALCOHOL
    I understand that during private rentals, group bookings, or invited events:
  • Multiple participants may use the facilities simultaneously
  • Participant behavior may increase risk
  • The Releasees do not provide individualized supervision
  • If alcohol is present or consumed (whether provided by the Releasees or third parties), I acknowledge that alcohol increases risk when combined with heat, cold exposure, or water activities, and I voluntarily assume all associated risks.
6. PUBLIC EVENTS, THIRD-PARTY VENUES & LAKESIDE USE
    I acknowledge that Activities may occur at public events, festivals, parks, private property, or third-party venues, including lakeside or waterfront locations not owned or controlled by the Releasees.

    I understand that hazards may include uneven ground, docks, rocks, mud, ice, limited lighting, crowds, traffic, changing water depth, or environmental conditions, and that emergency access may be delayed or limited.

    I voluntarily assume all risks arising from such conditions.
7. RELEASE AND WAIVER OF LIABILITY
    IN CONSIDERATION of being permitted to participate in the Activities, I hereby
    RELEASE, WAIVE, AND DISCHARGE the Releasees from any and all claims or causes of action arising from my participation in the Activities, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by New Hampshire law.

    This waiver does not apply to reckless, willful, or intentional misconduct, which cannot be waived under New Hampshire law.
8. COVENANT NOT TO SUE
    I agree that I will NOT SUE OR MAKE ANY CLAIM against the Releasees for any injury, loss, damage, or expense arising from my participation in the Activities.
9. INDEMNIFICATION
    I agree to INDEMNIFY AND HOLD HARMLESS the Releasees from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from my own actions, omissions, violation of this Agreement, failure to follow instructions or rules, or prohibited conduct.
10. PROHIBITED CONDUCT
    NO SMOKING, DRUGS, OR SEXUAL ACTIVITY
    I understand and agree that the following conduct is STRICTLY PROHIBITED at all times in the sauna, sauna trailer, changing areas, decks, cold plunge areas, and surrounding premises:
  • Smoking or vaping of any kind, including cigarettes, cigars, pipes, e-cigarettes, or vape devices
  • Illegal drugs, controlled substances, or misuse of prescription medications
  • Sexual activity, sexual contact, or sexually explicit behavior of any kind

    I acknowledge that violations may result in immediate removal without refund, termination of participation, and full responsibility for any resulting injury, damage, or loss.
    I acknowledge that I will be charged for any cleaning or repair costs caused by my misconduct or violations of these prohibition rules.
11. PERSONAL RESPONSIBILITY
    I agree to follow all posted rules and verbal instructions, to use all equipment only as intended, to conduct myself responsibly and safely at all times, and to refrain from all prohibited conduct, including smoking, drug use, and sexual activity.
12. GOVERNING LAW & VENUE
    This Agreement shall be governed by and interpreted under the laws of the State of New Hampshire, and any legal action shall be brought exclusively in a court of competent jurisdiction within the State of New Hampshire.
13. SEVERABILITY
    If any portion of this Agreement is found unenforceable, the remaining portions shall remain in full force and effect.
14. ACKNOWLEDGMENT OF UNDERSTANDING
I HAVE READ THIS AGREEMENT CAREFULLY. I understand that by signing this document I am WAIVING SUBSTANTIAL LEGAL RIGHTS, including the right to sue for ordinary negligence.
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